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Utah

Utah

Utah

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; impotency;nonsupport; insanity; conviction of crime.

Residency: One party bona fideresident 3 months before commencing action.

Waiting Period: Except for goodcause, no hearing for 90 days after filing; decree becomesabsolute on day signed by court.

No Fault: Separation; irreconcilabledifferences.

Defenses: None listed.

Code Section: 30-3

CHILD CUSTODY
Uniform Child Custody Act:1980
Joint Custody:Yes, 30-3-10.1, et seq.
Grandparent Visitation:Yes, 30-5-2
Child's Wishes Considered:Yes
Code Section: 30-3-10

MARITAL PROPERTY
Community Property: No

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: When marriage is prohibitedand grounds existing at common law.

Time Limitation: None listed.

Legitimacy of Children: None listed.

Prohibited Marriages: Betweenancestor and descendant, brother and sister, uncle and niece,aunt and nephew, first cousins, or between relations within butnot including fifth degree of consanguinity; person with AIDS,syphilis, gonorrhea; previous marriage undissolved; underage;same sex.

Code Section: 30-1-1, 2; 17.1

RESOURCES

American Arbitration Association
Salt Lake City Regional Office
645 S. 200 E., Ste. 203
Salt Lake City, UT 84111-3834
Phone: (801)531-9748
Fax: (801)531-0660
Kimberly L. Curtis, Reg. VP

Office of Child Support EnforcementRegional Representative (Utah)
Federal Office Bldg., Rm. 924
1961 Stout St.
Denver, CO 80294
Phone: (303)844-5594

Utah Department of Health
Bureau of Vital Records
288 North 1460 West
PO Box 16700
Salt Lake City, UT 84116-0700
Phone: (801)538-6105
Responds to public inquiries for birth and death records datingfrom 1905 (prior to this back to 1898, filed with county clerks).Marriage and divorces filed with county clerks. Marriagetranscript and divorce records are filed in state office of VitalStatistics, but certified copies for marriages or divorces priorto 1978 must be obtained from county clerk of county wheremarriage license was issued or divorce granted. Charges $12search fee per five years searched to a maximum of $50; includesone certified copy if record found. Certified copies when date isknown cost $12 for birth certificate and $9 for deathcertificate. Additional copies ordered at the same time may beobtained for a fee of $5 each. For all inquiries, enclose astamped, self-addressed envelope.

Utah Insurance Department
3110 State Office Bldg.
Salt Lake City, UT 84114
Phone: (801)538-3800
Robert E. Wilcox, Commnr.

Utah Office of Financial Institutions
PO Box 89
Salt Lake City, UT 84110-0089
Phone: (801)538-8830
Ed Leary, Commnr.

Utah Office of Recovery Services
Department of Social Services
120 North 200 West, 4th Fl.
Salt Lake City, UT 84103
Phone: (801)538-4401
Fax: (801)538-4619

Utah State Bar
645 S. 200 E., Ste. 310
Salt Lake City, UT 84111
Phone: (801)531-9077
Fax: (801)531-0660

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Suggested Reading:
Separation and Divorce Guidebook
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FS-Be Wary of Credit Issues with Ex
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FS-Becareful of Bargaining Away Alimony As Child Support
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FS-Lawyer Tells Me to Lie & Pension Double Dipped
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FS-On and Off Again Reconciles Can Create Agreement Disasters
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FS-The Dangers of Family Loans
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FS-Transference of Affection & 10 Tips of Divorce
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